RES-2008-133RESOLUTION NO. 2008- 13 3
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM GRANTING CONDITIONAL USE
PERMIT NO. 2008 05309.
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition
for Conditional Use Permit No. 2007 -05284 for certain real property situated at 770 and 752 North
East Street in the City of Anaheim, County of Orange, State of California, as more particularly
shown in Exhibit "A" attached hereto and incorporated herein by this reference; and
WHEREAS, said application seeks approval of a conditional use permit to construct
a service station with a car wash and a convenience market with sales of beer and wine for off
premises consumption; and
WHEREAS, the City Planning Commission did hold a public hearing upon said
application at the City Hall in the City of Anaheim, notices of which public hearing were duly given
as required by law and the provisions of Title 18 of the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection, investigation and studies made
by itself and in its behalf and after due consideration of all evidence and reports offered at said
hearing, did adopt its Resolution No. PC2008 -53 granting Conditional Use Permit No. 2008 05309;
and
WHEREAS, said Planning Commission, by its Motion, did request that the Anaheim
City Council review the Planning Commission's action granting Conditional Use Permit No. 2008-
05309 at a duly noticed public hearing. Additionally, within the time prescribed by law, an
interested party did appeal said Planning Commission decision to the Anaheim City Council; and
WHEREAS, thereafter, the City Council did set said application for such project for
a de novo hearing, which public hearing was duly noticed in the manner provided by law; and
WHEREAS, at the time and place fixed for said public hearing, the City Council did
duly hold and conduct such hearing and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the City Council does find, after careful consideration of all evidence
and reports submitted to the City Planning Commission and the action taken by said Commission,
and all evidence and reports offered at said public hearing before the City Council, that all of the
conditions and criteria set forth in the Anaheim Municipal Code are present for the following
reasons:
1. That the proposed request to construct a service station with a car wash and a
convenience market with sales of beer and wine for off premises consumption is properly one for
which a conditional use permit is authorized under Section 18.08.030.040.0402 of the Anaheim
Municipal Code.
2. That the service station, car wash and convenience store use, as conditioned, will not
adversely affect the adjoining land uses and the growth and development of the area in which it is
located because the service station employ sound reducing measure to ensure that the car wash and
service station will comply with all Code requirements pertaining to sound pressure levels.
3. That the size and shape of the site for the use is adequate to allow the service station,
car wash and convenience store use in a manner not detrimental to either the particular area or
health and safety as conditioned, as the property meets all Code requirements and there is sufficient
parking to provide for the use.
4. That the traffic generated by the use of the property as service station, car wash and
convenience store use, as conditioned, will not impose an undue burden upon the streets and
highways designed and improved to carry the traffic in the area.
5. That the granting of the conditional use permit under the conditions imposed will not
be detrimental to the health and safety of the citizens of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Council does
hereby grant said Conditional Use Permit, subject to the following conditions which are hereby
found to be needed to preserve the health, safety and welfare of the Citizens of the City of Anaheim.
No.
1
2
Conditions of Approval
TIMING: PRIM 'ITE ISSUANCE OF GRADI1VG PERM
The applicant shall submit to the Public Works/Development
Services for review and approval a Water Quality Management Plan
that:
Addresses Site Design Best Management Practices (BMPs)
such as minimizing impervious areas, maximizing
permeability, minimizing directly connected impervious
areas, creating reduced or "zero discharge" areas, and
conserving natural areas.
Incorporates the applicable Routine Source Control BMPs
as defined in the Drainage Area Management Plan.
Incorporates Treatment Control BMPs as defined in the
DAMP.
Describes the long -term operation and maintenance
requirements for the Treatment Control BMPs.
Identifies the entity that will be responsible for long -term
operation and maintenance of the Treatment Control BMPs,
and describes the mechanism for funding the long -term
operation and maintenance of the Treatment Control BMPs.
Responsible for
Monitoring
Public Works
.TIMIN PRIOR TO TIIF ISSUANCE OF BUILDING PERMITS
A comprehensive final sign plan shall be submitted to the Planning
Services Division for review and approval. Any decision by the
Planning Services Division regarding signage may be appealed to
Planning
-2-
No.
Conditions of Approval
Responsible for
Monitoring
the Planning Commission as a 'Reports and Recommendations'
item.
3
That no building permits shall be issued until after the effective
date of the ordinance approving Reclassification No. 2008 00216.
planning
4
The following items must be submitted and approved:
Any revisions to the original grading plan related to the
building pad.
Two (2) copies of the interim soils report indicating pad
compaction and site stability.
The original and two (2) copies of a letter of certification for the
building pads from the civil engineer, Exhibit D. Exhibit D can be
found on the following City of Anaheim website:
www.anaheim.net /depts servc /pub works /dev svc/fg_proc.htm
public Works
5
The owner shall submit street and landscape improvement plans
for La Palma Avenue and East Street to the Public
Works/Development Services for review and approval and bonds
shall be posted in an amount approved by the City Engineer and in
a form approved by the City Attorney's Office. The
improvements shall be constructed prior to fmal building and
zoning inspections.
Public Works
6
The property owner shall irrevocably offer to dedicate to the City of
Anaheim an easement 53- feet in width from the centerline of La
Palma Avenue and an easement 55- feet in width from the centerline
of East Street for road, public utilities and other public purposes.
Corner cut -off dedication at La Palma Avenue and East is also
required. An ADA compliant curb access ramp with truncated
domes shall be constructed at La Palma Avenue and East Street in
conformance with Public Works Standard Detail 111 -3. The ramp
shall be constructed prior to fmal building and zoning inspections.
Public Works
7
Plans shall be submitted to the Planning Services Division
indicating that the car wash will be equipped with roll -up doors on
the entrance and exit of the car wash. The doors shall be closed at
all times when the car wash is in operation. Said plans shall also
specifically note that the dryer shall not operate when the doors to
the carwash are open.
Planning
PRIOR TO .F:
1L BUILD G AND ZONING INSPECTION
8
The owner shall improv
La Palma Ave: bus shelter must remain in place; proposed
driveway approach shall be constructed per Public Works
standard 115 -B.
East Street: Dedicate additional 10' for an ultimate r/w of
public Works
-3-
No.
Conditions of Approval
Responsible for
Monitoring
55'; Widen street to 35' per std. 160 -A for the entire length
of the property; construct 5' parkway and 5' sidewalk;
relocate catch basin; remove and replace existing
driveway approaches with curb and gutter per Public Works
standard 120; proposed driveway approaches shall be
constructed per Public Works standard 115 -B.
9
Applicant shall pay the City of Anaheim to provide a new City
standard bus bench. This new bus bench will be installed by the
City at the existing bus stop on La Palma Avenue east of East
Street.
Public Works
10
Prior to issuance of certificate of occupancy, the applicant shall:
Demonstrate that all structural BMPs described in the
Project Site Specific WQMP have been constructed and
installed in conformance with approved plans and
specifications.
Demonstrate that the applicant is prepared to implement all
non structural BMPs described in the Project Site
Specific WQMP
Demonstrate that an adequate number of copies of the
approved Project Site Specific WQMP are available
onsite.
Submit for review and approval by the City an Operation
and Maintenance Plan for all structural BMPs.
Public Works
GENERAL
11
The property owner shall record an unsubordinated covenant,
satisfactory to the Planning Director and City Attorney, agreeing
to remove all structures, including underground storage tanks, in
the event that the station is closed for a period of twelve (12)
consecutive months. A service station shall be considered closed
during any month in which it is open for less than fifteen (15)
days.
Planning
12
Window signage shall not be permitted for the service station or
convenience market. All fixtures, displays, merchandise and other
materials shall be set back a minimum of three (3) feet from all
window areas.
Planning
13
No storage, display or sales of any merchandise or fixtures shall be
permitted outside the building.
Planning
14
That the car wash shall comply with all state laws and local
ordinances for Water Conservation Measures. Voluntary water
conservation strategies shall be encouraged.
Planning
-4-
No.
Conditions of Approval
Responsible for
Monitoring
15
The applicant shall maintain on file an Emergency Listing Card,
Form APD -281, with the Police Department.
Police
16
The applicant shall complete a Burglary/Robbery Alarm Permit
application, Form APD 516, and return it to the Police Department
prior to initial alarm activation.
Police
17
Rear entrance doors shall be numbered with the same address
numbers or suite number of the business at a minimum letter
height of 4 inches.
Police
18
That the parking lot of these premises shall be equipped with
decorative lighting of sufficient power to illuminate and make
easily discernible the appearance and conduct of all persons on or
about the parking lot. Lighting shall be directed, positioned and
shielded in such a manner so as not to unreasonably illuminate the
window areas of nearby residences. Said information shall be
specifically shown on the plans submitted for building permits.
Final lighting plans shall be submitted to the Planning Department
for review and approval.
Police
19
That there shall be no video, electronic or coin operated games, or
pool tables or other amusement devices maintained upon the
premises at any time.
Police
20
That any public telephones proposed on -site shall be located inside
the convenience market.
Police
21
Final landscape plans shall be submitted to the Planning
Department for review and approval. Additionally, the queen
palm trees adjacent to the residential property lines shall be
replaced with evergreen trees. Said trees shall be a 24 inch box
tree and a minimum of 10 feet in height at the time of planting and
shall be spaced every 10 feet on center.
Planning
22
That subject property shall be developed substantially in
accordance with plans and specifications submitted to the City of
Anaheim by the petitioner and which plans are on file with the
Planning Department marked Exhibit Nos. 1 through 8, and as
conditioned herein.
Planning
23
The hours of operation shall be consistent with the letter of
operation on file with the City of Anaheim Planning Department,
Planning
-5-
BE IT FURTHER RESOLVED that the City Council does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with
each and all of the conditions hereinabove set forth. Should any such conditions, or any part thereof,
be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction,
then this Resolution, and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 1 5th day of July 2008, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
AP A/
,I
CITY C E' OF THE CITY OF ANAHEIM
ATTEST:
6945 5 .v 1 /MGo rdon
-6-
CITY OFjAlfAHEIM
By:
MAYOR OF THE C Y i F ANAHEIM
No.
Conditions of Approval
Responsible for
Monitoring
or other similar off -peak hours such as other weekend days or
weeknights. In addition the doors to the convenience market shall
be locked at 11 pm and can be opened at 5am. Any business for
the convenience market during these hours shall be conducted
through the evening transaction window.
24
That approval of this application constitutes approval of the
proposed request only to the extent that is complies with the
Anaheim Municipal Zoning Code and any other applicable City,
State and Federal regulations. Approval does not include any
action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or
requirement.
Planning
25
Approval of this application constitutes approval of the proposed
request only to the extent that it complies with the Anaheim
Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include any action or
findings as to compliance or approval of the request regarding any
other applicable ordinance, regulation or requirement.
Planning
BE IT FURTHER RESOLVED that the City Council does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with
each and all of the conditions hereinabove set forth. Should any such conditions, or any part thereof,
be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction,
then this Resolution, and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 1 5th day of July 2008, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
AP A/
,I
CITY C E' OF THE CITY OF ANAHEIM
ATTEST:
6945 5 .v 1 /MGo rdon
-6-
CITY OFjAlfAHEIM
By:
MAYOR OF THE C Y i F ANAHEIM
T
RAYMOND
RETARDfNG
BASIN
1- LA PALMA AVE
April 28, 2008
Subject Property
General Plan Amendment No. 2008 -00464
Reclassification No. 2008 -00216
Conditional Use Permit No. 2008 -05309
Determination of Public Convenience
or Necessity No. 2008 -00040
752 770 North East Street
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10523
EXHIBIT A